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This book brings together foreign investment and investment
arbitration in Asia, the fastest growing economic region in the
world. It provides a critical analysis of foreign investment, its
benefits and the legal regimes of the jurisdictions studied at a
time when investor-state disputes are on the rise and investment
arbitration is under growing scrutiny. Governments are under
greater pressure to balance the promotion of investment with public
policy development and interests and calls for a permanent court
for investment arbitration are getting louder.To assess future
possibilities, this book takes stock of, brings together and
analyses the legal regimes on foreign investment in 12 major Asian
jurisdictions, namely China, Hong-Kong, India, Indonesia, Japan,
South Korea, Malaysia, Myanmar, Philippines, Singapore, Thailand
and Vietnam. These constitute paradigmatic examples of what is
happening in the legal framework of Asian foreign investment and
the impact that the current system of investment arbitration has in
all of them. The analysis shows the existence of changing positions
and degrees of openness towards foreign investment in the region,
as well as a distinct level of exposure to and involvement in
investment arbitration.Predictably, their situation will change in
the near future, at least in relation to investment arbitration.
Proposals for reform have already been made and international
institutions are working on the development of an alternative to
the proceedings of investment arbitration as it is currently
constructed and understood. Consequently, the last two chapters of
this book are devoted to the analysis of these developments that
will most probably affect the existing situation in the region.
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